ahhh help needed abouts payments when br

sarahloukpntia

hiya
me & hubby went bankrupt on 24th april. my tax credits have been paid into my SIL account today but my child benefit has been paid into my bankrupt account! the OR has said i need to speak with barclays to c if they will release the £132.80 but she said they are quite within their right to keep it as i owe them money.
what can i do? i'm on the phone to barclays (ON HOLD where i have been for the past 10mins!)

i'm now worried we're gonna start bankrupt life owing money to people again i'm going to have to abandon the call as it's my son's birthday today & he has friends coming at 4 & i have no food done.
i was starting to feel a bit less stressed but feel like crying now i'm going to loose this money aren't i?

gettingoutofdebt

After you son's friends have been around call Barclays back and explain the issue to them. You never know they might be ok about it. Has your Barclays account been frozen? If not you could always try to use the card to get the money from an ATM. Did you update your bank details with the Child Benefits Agency? If so and they paid it into the incorrect account they might be able to retrieve it from Barclays and pay it into the correct account.

What ever happens first thing tomorrow you should contact the child benefit people to make sure they have the correct bank details as you don't want this to happen again.

tillboy

http://forums.moneysavingexpert.com/showthread.html?t=269424

Social Security Administration Act 1992
Miscellaneous
Certain benefit to be inalienable **

187- Subject to the provisions of this Act, every assignment of, or charge on-
(a)benefit as defined in section 122 of the Contributions and Benefits Act;
(b)any income-related benefit; or
(c)child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

** inaliable = not to be forfeited.

---

Basically they can't take you benefit money for overdrafts or debts, and if they have you can ask for it back !

peachyprice

Actuallly Barclays are not within their right to keep the money. If it was paid into the account after your BR date they have to either give it to you or the OR, they are not allowed to give themselves an advantage over the rest of your creditors. If you get no joy with Barclays ask to speak to someone higher up in your OR office.

dreamcatcher73

peachyprice wrote: »

Actuallly Barclays are not within their right to keep the money. If it was paid into the account after your BR date they have to either give it to you or the OR, they are not allowed to give themselves an advantage over the rest of your creditors. If you get no joy with Barclays ask to speak to someone higher up in your OR office.

Not true, I'm afraid.. The OR's don't get involved and there is nothing you can do...

This may not be the case because OP's money is benefits and I think this falls in another category, but generally if the money is a small amount it is not in the OR's interest to get involved, especially if they are not going to get the money..

I know this, because it happened to me..

peachyprice

Then you were unfortunate, OR's do, can, and have got involved, it depends how helpful your particular OR is, obviously yours wasn't, but that's not to say all aren't.

I know this because it happened to me, but I was lucky enough to have a great OR.

dreamcatcher73

Looks like it's down to the OR's then! Just wanted to warn OP that it is not set in stone that she will get her money back.. but saying that because it's child benefit, I believe she will..

Also the fact that it's Barclays bank, it wont be easy! That's who stole my money, and they are not very helpful in these matters

peachyprice

dreamcatcher73 wrote: »

Also the fact that it's Barclays bank, it wont be easy! That's who stole my money, and they are not very helpful in these matters

Tell me about it, they closed my basic account without notice even though I didn't owe them a penny, despite being told by 4 different departments they wouldn't. :rolleyes:

dottydora

dreamcatcher73 wrote: »

Not true, I'm afraid.. The OR's don't get involved and there is nothing you can do...

This may not be the case because OP's money is benefits and I think this falls in another category, but generally if the money is a small amount it is not in the OR's interest to get involved, especially if they are not going to get the money..

I know this, because it happened to me..

just to support this I rec'd this in an email from OR's office this afternoon:

Any charges that may have been incurred prior to bankruptcy, do fall into the bankruptcy estate and as such Abbey cannot chase you for payment. However they may claim ‘right of set off’ which is a bit of a grey area. This means post bankruptcy they can take funds from an account to offset a debt, and unfortunately they have the right to do this. If Abbey have made a mistake with the account, the funds should be returned directly to you. The Official Receiver has no power to make them return the funds. I will forward to you copies of the correspondence sent to Abbey with regards to the account, should you wish to take them with you. The post has left for today, so it will be in tomorrow’s recorded delivery, to reach you Thursday. I will also try to send a fax to their office today, confirming the Official Receiver has no interest in the CTC and asking if it can be released to you.

I must add they were not one of my creditors and that IMO they are thieving devils and have taken charges and wont tell me what they are for and they never advised us of them and I dont believe they are genuine charges!

beentheredonethatstilhere

My OR was brilliant when CHB went into the wrong account and Barclays didn't want to give it to me. He emailed and faxed the bank and when they didn't want to play ball got quite heavy with them.

See Tillboys post and if they get stroppy then quote that, threaten to get the ombudsman involved etc.

sarahloukpntia

thatnks for all your replie's. i spoke to OR & she said that they were happy for the funds to be released to me & she would fax barclays. i spent another few mins on hold with barclays & gave up yesterday.

i rang tax credit people once we got back from court on 24th, they said they would inform child benefit people.
i rang CB yesterday & they said that the money was released from them at 5pm on thursday 23rd to arrive in my account on 28th. they didnt actually receive notification from TC that details needed changing until 27th!
she said there is nothing they can do but it will be paid into the correct account next month (no help to me this month though!)

guess i will just have to try & ring barclays again & see if i can speak to someone!